Allegheny County Criminal Procedure

The prosecution of crimes in Pennsylvania is delegated to local
government officials. Pennsylvania is comprised of 67 counties. Each
county has a district attorney and a court of common pleas. The district
attorney is the chief law enforcement officer for the county; jurisdiction
over crimes committed in a county falls to the court of common pleas. In
Allegheny County, as in all counties in Pennsylvania, there is also a
minor judiciary, called district justices or magistrates. The first steps of
any criminal prosecution take place before the minor judiciary.

The following process describes how a prosecution would proceed
through the court system in Pennsylvania:

CRIME COMMITTED

POLICE NOTIFIED

POLICE INVESTIGATE
Investigation may include interviewing the victim, witnesses and/or
suspects; collecting physical evidence; visiting, viewing, photographing
and/or measuring the crime scene; identifying suspects through photo
arrays or line-ups, etc.

POLICE FILE COMPLAINT
After an alleged crime is investigated, the police initiate the criminal
process by filing a complaint with the district justice or by making a
warrantless arrest followed by the filing of a complaint. The complaint
identifies the defendant, lists the crimes charged and contains a brief
factual summary upon which the charges are based.

PRIVATE COMPLAINT FILED
If the police decline to file a complaint, a private person is permitted to
file a private complaint. However, an Assistant District Attorney must
first approve the private complaint before it can proceed. Once approved,
the process is the same as if the complaint had been filed by a police
officer.

SUMMONS OR ARREST WARRANT ISSUED
Once the complaint is filed, the presence of the defendant is secured
voluntarily, by summons, or compelled, by arrest. The district justice will
issue either a summons or a warrant of arrest, depending generally on
the seriousness of the offense alleged. Less serious cases proceed with
the issuance of a summons which provides notice of the defendant's
scheduled preliminary hearing.

PRELIMINARY ARRAIGNMENT
If a warrant of arrest is issued, or if the process was initiated by a
warrantless arrest, the defendant must appear before the district justice
for a preliminary arraignment. At this proceeding the defendant is
provided with a copy of the complaint and advised of his rights; also at
this time a preliminary hearing is scheduled, not less then three days
but not more than ten days hence. The district attorney will not be
represented at a preliminary arraignment.

PRELIMINARY HEARING
The preliminary hearing is also convened before a district justice. At the
preliminary hearing the Commonwealth is required to present a prima
facie case or, in other words, evidence that a crime has been committed
and that the defendant is probably the perpetrator of that crime. Although
the police officer may prosecute the preliminary hearing before the
district justice, in Allegheny County an assistant district attorney will
usually appear and present the case on behalf of the Commonwealth. If
a prima facie case is presented, the case will be held for court. If a prima
facie case is not presented, the defendant should be discharged.

INFORMATION FILED
After holding a case for court, the district justice will send notice to the
county clerk of courts who in turn will notify the district attorney. The
district attorney's office will then file a formal charging document, called
an information, with the clerk of courts. The information will specify in
particular counts the offenses charged against the defendant. At this
stage, the district attorney may exercise discretion and terminate the
prosecution by declining to file an information or by adding or deleting
charges.

FORMAL ARRAIGNMENT
The next proceeding is the formal arraignment, which may or may not
occur before a judge of the court of common pleas. In Allegheny County,
no judge is present. The defendant is provided with a copy of the
information and advised of his rights, including his rights to file various
pretrial pleadings. Generally, the district attorney is not represented at
formal arraignment. All pretrial motions, including requests for a bill of
particulars and discovery, and motions for continuance, severance or
joinder, suppression, etc., should be filed within thirty days after the
formal arraignment. It is the obligation of the district attorney's office to
respond to the defendant's pretrial pleadings.

PRETRIAL CONFERENCE
The next step is the pretrial conference. Generally, the defendant and
his lawyer and an assistant district attorney will appear before the
assigned judge and the course of disposition will be determined. All
other pretrial matters should also be resolved at the pretrial conference.
The defendant may elect to plead guilty, or to proceed to a jury or
non-jury trial.

TRIAL OR PLEA DISPOSITION
A defendant entering a plea of not guilty may choose to be tried by a
jury of twelve citizens or by the judge alone. At trial, the case for the
Commonwealth is presented by an assistant district attorney who must
establish the defendant's guilt beyond a reasonable doubt. The
defendant is under no obligation to present evidence or testimony but
may do so if he wishes. If tried by a jury, the jury must return a
unanimous verdict; if tried non-jury, the judge must return the verdict. If a
defendant is found not guilty, he will be immediately discharged. If found
guilty, the defendant may be sentenced immediately or sentencing may
be deferred pending a pre-sentence investigation into the defendant's
background. If sentencing is deferred, the defendant is subsequently
returned to court and sentenced; at any sentencing hearing, an
assistant district attorney will appear and present the Commonwealth's
position.

JURY TRIAL
Here is a general outline of the steps in a jury trial: 1. residents of
Allegheny County are randomly selected from state drivers' license
records, voter registration rolls, and are summoned on a daily basis to
the Courthouse as potential jurors;
2. a blind draw selects a pool of people from that group;
3. the Judge, Prosecutor and defense attorney voir dire, or question, the
jurors about their backgrounds and beliefs
4. the attorneys are permitted a limited number of "peremptory"
challenges to various jurors and an unlimited number of challenges for
good cause, the number of peremptory challenges depends on whether
the defendant is charged with a misdemeanor, felony or homicide;
5. after twelve acceptable jurors are selected, the Judge administers an
oath to the jury and reads basic instructions about the trial process,
etc.;
6. the Prosecutor gives an opening statement to outline his case and
evidence to the jury;
7. the defense may give a similar opening statement, or wait until later
in the trial;
8. the Prosecutor calls his witnesses, after which the defense may
cross-examine the witnesses;
9. the Prosecutor rests, or closes the Commonwealth's case;
10. the defense may call witnesses, if it wants, and the Prosecutor may
cross-examine the defense witnesses;
11. the defense rests;
12. the Prosecutor may present "rebuttal" witnesses/evidence to
challenge evidence presented by the defendant during his phase of the
trial;
13. the Prosecutor rests;
14. the Prosecutor presents a closing argument to the jury;
15. the defense attorney presents a closing argument to the jury;
16. the judge gives the jury detailed legal instructions about the charged
crimes, the deliberation process, etc.;
17. the jury deliberates and returns a verdict.

NON-JURY TRIAL
Here is a general outline of the steps in a non-jury trial: 1. the
Prosecutor calls his witnesses, after which the defense may
cross-examine the witnesses;
2. the Prosecutor rests, or closes the Commonwealth's case;
3. the defense may call witnesses, if it wants, and the Prosecutor may
cross-examine the defense witnesses;
4. the defense rests;
5. the Prosecutor may present "rebuttal" witnesses/evidence to
challenge evidence presented by the defendant during his phase of the
trial;
6. the Prosecutor rests;
7. the Prosecutor presents a closing argument to the judge;

8. the defense attorney presents a closing argument to the judge;
9. the judge returns a verdict.

GUILTY PLEA
A defendant may choose to waive his right to a trial and enter a plea of
guilty, which admits his guilt of the crimes charged. If a defendant elects
to plead guilty, a plea date will be scheduled, at which time it will be
determined that the defendant is knowingly and voluntarily entering a
plea of guilty to the charges against him. An assistant district attorney
will appear at the guilty plea hearing and represent the Commonwealth.
Once the judge accepts the plea, the defendant may be sentenced
immediately or sentencing may be deferred pending a pre-sentence
investigation into the defendant's background. If sentencing is deferred,
the defendant is subsequently returned to court and sentenced; at any
sentencing hearing, an assistant district attorney will appear and present
the Commonwealth's position.

PRESENTENCE INVETIGATION AND REPORT
The court's probation department prepares a report for the judge
summarizing the crime, and the defendant's personal and criminal
backgrounds. Generally, the victim is contacted for a statement.

SENTENCING
Sentencing in Pennsylvania varies with the crime and can be the most
confusing part of the criminal process. Most often, sentences are at the
judge's discretion; however, in Pennsylvania there are a number of
mandatory minimum sentences that must be imposed if a defendant is
convicted of a specified crime. At the time of sentencing, the judge will
consider the information in the pre-sentence report before determining
the sentence. The parties may correct factual errors in the pre-sentence
report and offer additional evidence relevant to the judge's sentencing
decision. The judge will also consult the "sentencing guidelines"
(established by the Pennsylvania Commission on Sentencing as a
reference for framing an appropriate sentence throughout the state,
considering factors of the crime and the defendant's criminal
background) to determine the minimum jail/prison sentence. The judge
may consider different alternatives, such as a fine, probation, community
service, a sentence to jail or prison, or a combination. The judge must
also order the defendant to make restitution to any victims who have
suffered financial harm.

APPEAL
Once sentenced, the defendant has a choice of seeking review in the
trial court or through an appeal to an intermediate appellate court, called
the Superior Court of Pennsylvania. If review is first sought in the trial
court and denied, the defendant may then appeal to the Superior Court.
If the defendant's appeal to the Superior Court is unsuccessful, the
defendant has a discretionary appeal to the Supreme Court of
Pennsylvania. The district attorney's office will answer the defendant's
appeal by filing the appropriate responsive pleading.

There are three kinds of appeals: (1) interlocutory, (2) of right, and (3) by
leave. Interlocutory appeal: occurs when a party tries to appeal a judge's
decision before the case has come to trial or before a trial is finished.
Appeal of right: occurs after a final order has been entered by the trial
court (either a sentencing order, or an order dismissing the charge. Most
appeals of right now focus on the sentence imposed.
Discretionary Appeal(or appeal by leave of the court): occurs when an
appeal of right is not available (e.g., because an available appeal of right
was not filed on time). The appellate court has the discretion to reject
the appeal or can "grant leave". Except for capital (death penalty)
appeals, all appeals to the Supreme Court of Pennsylvania are by leave
of court (called allocatur).

The defendant and Prosecutor file briefs that summarize the case facts,
frame the legal issues to be decided, and present persuasive written
arguments (supported by constitutional, statutory or prior case decision
authority). After the briefs are filed the case is scheduled before the
appellate court judges for oral argument. The appellate court will
eventually issue a written opinion (or several opinions, if the justices
disagree). Not all appellate opinions are "published" (i.e., printed in
official "reporter" services, such as the Pennsylvania Reporter). The legal
analysis and conclusions in published opinions are given greater
precedential authority than "unpublished" opinions.

POST-CONVICTION RELIEF
Defendants also have a limited right to a collateral review of their
conviction through the Post Conviction Relief Act. This action
commences in the court of common pleas and review can thereafter be
sought in the state appellate courts. Defendants may also seek federal
review of their state convictions by filing a writ of habeas corpus in the
appropriate federal district court. The district attorney's office will file
answers to these collateral petitions where appropriate.

Within this system, the primary obligation of the district attorney is the
presentation of charges in the information and the prosecution of the
case in the court of common pleas. To perform these critical tasks a
division of labor has been created within the district attorney's office.
Initially, when notice is received from the clerk of courts that a case has
been held for court, the case will be received by the Pre-trial Screening
Unit. Lawyers in this department review the case and determine what
charges will be placed in the information. After a case has been
screened, and the information filed, it will be assigned to a trial unit
based upon the nature of the case. In this office there is the General
Trial Unit, which handles most misdemeanor and minor felony cases,
and several specialty units: Homicide, Crimes Persons, Robbery/Theft
and Narcotics. Assistant district attorneys within each unit then handle
cases. There is also a Post-trial Unit which handles both direct and
collateral appeals filed by defendants; this unit also litigates appeals
initiated by the district attorney's office when required.

The district attorney's office has also established separate departments
for such tasks as initiating independent investigations, administering
pre-trial and trial diversionary programs, prosecuting juvenile cases and
for asset forfeiture.